TERMS AND CONDITIONS

 

1. Interpretation

In the interpretation of this agreement:

(a) The words “we” and “us” and “our” refer to Delight Health and Fitness ABN 52 843 400 878.

(b) When we say “Our Services” we are referring to the services provided by us, including:

      (i) Personal Training;

      (ii) Group Training;

     (iii) Prescribed unsupervised workouts;

     (iv) Online group training; and

      (v) Nutrition & lifestyle coaching.

      (c) Unless otherwise specified, reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia.

 

2. Your Membership agreement

These terms, together with your membership application form, your payment authority form, and your health check questionnaire make up all the terms of a Membership Agreement (“Agreement”) between you (“the member”) and us.

 

It is important that you have read and understood all the terms and conditions of the Agreement before signing these terms. If you have any questions, please ask us.

 

We will notify you 7 days prior to any changes to the terms of this Agreement by contacting you via one or more of the following methods:

  • Emailing you;

  • Posting to social media;

  • Placing a notice on our website; or

  • By telephone.

 

Continuing to engage in our services after changes to the terms of the Agreement constitutes acceptance of the amended terms.

 

3. Commencement of membership

Your membership will commence when we receive:

  • Membership Application;

  • Signed copy of these terms;

  • You have completed a health questionnaire and if applicable provided any other medical details of your health and fitness to our satisfaction; and

  • We have received your completed payment form.

 

4. Types of membership & fees

- 2x sessions per week AUD 26 per week

- 3+ sessions per week AUD 39 per week (limited to one session per day)

- Nutrition Coaching + training package additional AUD 36 per week 

  • Combination of Training and Nutrition (in person or online) on request

  • Any other special memberships agreed upon

 

Membership fees are paid in advance on Thursday each week by direct debit (Ezidebit) until such time as the Agreement is terminated by you or us.

 

You must make sure that:

  • Your account can accept direct debits;

  • There is enough money in your account on the payment date;

  • You tell us if you are transferring or closing your account, at least 48 hours before your next direct debit;

  • You tell us about any changes to your credit card, such as its expiry or number, at least 48 hours before your next direct debit.

 

If membership fees remain outstanding for more than 28 days we may terminate your membership until all membership fees owing are paid in full. If you default in payment of your membership fees, we may send your outstanding debt to a third-party debt collection agency to collect your outstanding fees. If this debt is sent to a third-party further fees and charges may be payable.

 

From time to time we may amend our fees. We will provide you with written notice at least 7 days in advance if this is the case. We do not reduce membership fees due to public holidays.

 

5. Online Training and Nutrition Coaching

For our online services we are working with a third party supplier called Trainerize. Some service packages may be sold via trainerize, in that case trainerize is responsible to handle your payment information (via Stripe Payment gateway – please also refer to our Privacy Policy).

 

6. Commitment periods

There are no commitment periods. You may cancel your membership at any time by contacting us in writing with notice as follows:

  • If your notice of cancellation is on the first day of the billing cycle, then a period of 1 week from that day; or

  • If your cancellation is on any other day than the first day of the billing cycle, then the period including the rest of that billing cycle plus 7 days from the first day of the next billing cycle.

 

7. General Risk Warning

Our Services are not intended to be a substitute for professional medical advice, diagnosis or treatment. You should seek the advice of an appropriately qualified healthcare professional before making decisions about your own circumstances. You should not disregard professional medical advice or delay seeking it, because of any information provided by us.

 

Undertaking recreational activity in the form of group exercise may involve the risk of injury or death. It is impossible to point out of all the health risks posed by recreational activities such as group exercise or personal training but some of the more common risks include: transient dizziness, fainting, nausea, muscle cramping, musculoskeletal injury, sprains and strains, heart attack, and stroke.

 

By accepting these terms, you agree to participate in Our Services at your own risk.

 

In the event of death or injury to you, in the course of participating in Our Services, we will in no way be liable to you or anyone else for any loss or damage, however caused (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with our services.

 

By signing this agreement you agree to indemnify us and each of our officers, employees, agents and sub-contractors in respect of any liability, loss, expenses or damages incurred by them arising out of the breach of or failure to comply with any of these terms or any other negligence, default, or wrongful conduct in connection with Our Services.

 

You are responsible for monitoring your physical condition at all times and ensuring that you exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained.  When participating in Our services, it is your responsibility to:

  • Make sure that you know how to exercise safely with correct technique - by asking if necessary; and

  • Use your best endeavours to exercise safely; and

  • Follow instruction unless you believe doing so will cause you harm.

 

If you experience any discomfort or adverse health before, during, or after participating in Our Services, stop engaging immediately, tell us, and contact your General Practitioner for further assessment.

 

If you believe that any of Our Services might risk your health, you must tell us this in writing with full details. You must also tell us if any medical conditions suffered by you worsen or change before, during or after participating in our services.

 

We may choose to refuse your membership until:

  • Your doctor agrees in writing that you are fit to exercise; and

  • You show us proof that you have received medical advice about participating in our services.

 

You must not engage in our services if:

  • You have an infection, contagious illness, or physical ailment, such as an open cut or sore; or

  • You pose any other risk, however small, to us and our other members.

 

8. Additional risks posed by online group training and prescribed unsupervised workouts

Online group training and prescribed unsupervised workouts offer many conveniences but also poses additional risks as we cannot be physically present with you and it is therefore harder for us to demonstrate the correct technique and check your technique.

 

Online group training and prescribed unsupervised workouts are not suited to all members. We deem you to be high-risk if you:

  • You have not engaged in personal training or group training within the previous 12 months; and/or

  • Are pregnant; and/or

  • Do not have reliable internet connection or appropriate technology; and/or

  • Do not have the necessary equipment; and/or

          Do not have equipment that is well-maintained and fit for purpose; and/or

  • Do not have a safe space with adequate lighting that is free from distractions such as children and pets.

 

If you identify as high risk or are identified by us as high risk, we may choose to refuse your membership until:

  • Your doctor agrees in writing that you are fit to exercise; and/or

  • You show us proof that you have received medical advice about participating in our services; and/or

  • You can show that you are able to meet your responsibilities under this agreement.

 

         When participating in our online group training and/or prescribed unsupervised workouts you are responsible for ensuring that:

  • You have a clear & safe space to workout;

  • Your equipment is well-maintained and fit for purpose;

  • You have a reliable internet connection;

  • You have suitable technology which allows us to see you during your workout and allows you to see us demonstrating the correct technique – a laptop or tablet is ideal;

  • You are free from distractions such as children and pets;

  • You set up your technology at an angle which allows us to see you to the maximum extent possible;

  • You have adequate lighting;

  • You immediately cease participating if you experience any pain, discomfort or injuries;

  • You tell us if you are having any difficulty with the exercises;

  • You ask immediately for clarification if required.

 

In the case of prescribed unsupervised workouts, you should tell us after the workout of the extent of the workout, number of repetitions, weight, sets, and any difficulties encountered so that we can keep this information for our records by the following methods:

  • Email; or

  • Social media; or

  • Text message.

 

In the event of an emergency we may be required to call emergency services. You must tell us before each online group training session if you are not exercising at your normal place of residence.

 

By participating in Our Services, you acknowledge the increased risks posed by online group training and prescribed unsupervised training and are choosing to participate at your own risk.

 

In the event of death or injury to you, in the course of participating in Our Services, we will in no way be liable to you or anyone else for any loss or damage, however caused (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with our services.

 

By signing this agreement you agree to indemnify us and each of our officers, employees, agents and sub-contractors in respect of any liability, loss, expenses or damages incurred by them arising out of the breach of or failure to comply with any of these terms or any other negligence, default, or wrongful conduct in connection with Our Services.

9. Nutrition and lifestyle coaching

We carry out the role of a Nutritional Coach. We are not accredited practising dieticians or accredited sports dietitians.

 

The role of a Nutritional Coach is to compliment the specialist roles of dietitians, nutritionists, General Practice Doctors and other Allied Health Professionals, through the provision of front-line nutritional advice to otherwise healthy individuals, consistent with relevant Dietary Guidelines.

 

As a Nutritional Coach, we are able to provide advice about:

  • The benefits of following dietary guidelines and recommendations; and

  • Food groups, types, and amounts which make up a healthy diet; and

  • Comparisons of your general eating pattern to the dietary guidelines; and

  • Assisting you to change your eating patterns using dietary guidelines; and

  • General nutrition for weight management that aligns with dietary guidelines; and

  • What is deemed to be a healthy meal and/or snack; and

  • Encouraging healthy food preparation and cooking advice in line with dietary guidelines; and

  • How to read food labels for nutrition information; and

  • Promoting general health and wellbeing which may reduce the risk of diet-related conditions such as high-cholesterol, high blood pressure, and obesity as well as some chronic diseases such as type 2 diabetes, cardiovascular disease and cancer; and

  • Provide education and support for you to reach positive health outcomes.

 

As a Nutritional Coach, we cannot:

  • diagnose medical conditions or ailments, and may at times seek to refer you to your General Practitioner if a potential health condition is identified during standard screening risk and monitoring procedures; or

  • provide personalised advice to ‘high risk’ clients. We deem you to be ‘high risk’ if you suffer from food intolerances and/or allergies, are taking medication, or have chronic conditions like gout and diabetes; or

  • prescribe personalised nutritional advice in the form of one-day or seven-day meal plans that it inconsistent with dietary guidelines; or

  • recommend the avoidance of specific food groups; or

  • recommend the use of nutritional supplements; or

  • provide specific nutritional advice relating to a medical condition, medications or drug interactions; or

  • Provide detailed nutritional assessment to determine individual energy, macro-and micro-nutrient needs and/or adequacy; or

  • Provide personalised meal plans detailing nutritional composition to meet a specific goal; or

  • Recommend following ‘popular’ or ‘fad’ diets that do not align with dietary guidelines; or

  • Provide medical nutritional therapy for specific conditions.

 

You are responsible for telling us about any health conditions that require special dietary restrictions which have previously affected you or are currently affecting you including but not limited to:

  • Being pregnant or lactating.

  • Having food intolerances and/or allergies.

  • Taking medication.

  • Chronic diseases and conditions like gout, diabetes, and type 2 diabetes.

  • Eating disorders.

  • High-cholesterol.

  • High blood pressure.

  • Obesity.

  • Cardiovascular disease. 

  • Cancer.

 

Following general dietary guidelines is not suitable for everyone. Before initiating any substantial diet changes you should obtain an examination by your GP. If you have specific conditions, allergies or food intolerances, chronic medical conditions or are taking medication it is your responsibility to liaise with your general practitioner or dietician to develop a personalised diet and nutrition plan.

 

You agree that by undertaking Nutrition & Lifestyle coaching by us you do so at your own risk.

 

In the event of death or injury to you, we will in no way be liable to you or anyone else for any loss or damage, however caused (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with Our Services.

 

By signing this agreement you agree to indemnify us and each of our officers, employees, agents and sub-contractors in respect of any liability, loss, expenses or damages incurred by them arising out of the breach of or failure to comply with any of these terms or any other negligence, default, or wrongful conduct in connection with Our Services.

 

10. Governing law and jurisdiction

This agreement is governed by the laws of New South Wales, Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and all courts which have jurisdiction to hear appeals from those courts and waives any right to object to proceedings being brought in those courts for any reason.

 

11. Dispute resolution

This clause survives termination of this agreement.

If a dispute arises between the parties, the complainant must not commence any court proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause:

(a) Notification

The complainant must inform the respondent in writing of the following:

i)   The nature of the dispute;

ii)  The outcome the complainant desires; and

iii) The action the complainant believes will settle the dispute.

 

(b) Endeavour to resolve dispute

On receipt of the complaint by the respondent, both parties will make every effort to resolve the dispute by mutual negotiation within 14 business days.

 

(c) Mediation

Any unresolved dispute or difference whatsoever arising out of or in connection with this agreement including any question regarding its existence, validity or termination shall be submitted to mediation under the Mediation Rules of the Resolution Institute.

 

(d) Arbitration

Any unresolved dispute or difference whatsoever arising out of or in connection with this agreement including any question regarding its existence, validity or termination shall be resolved by arbitration in accordance with the ACICA Expedited Arbitration Rules, irrespective of whether or not the dispute, controversy or claim arose prior to this Arbitration Agreement. The seat of the arbitration shall be Sydney, Australia. The law governing this Arbitration Agreement shall be the substantive law that applies in the seat of the arbitration. The language of the arbitration shall be English.

12. Severance

If anything in this agreement is unenforceable, illegal or void, it is severed and the rest of the agreement remains in force.

 

13. Agreement to Terms & Conditions as well as our Privacy Policy

Our Terms and Conditions, like our Privacy Policy is an integral part of using our Services; therefore you must completely agree to our Terms and Conditions, as well as our Privacy Policy in order to use our any of our Services.